Bombay High CourtCA/10033/2015disposed offdismissed for default

The Executive Engineer, Minor Irrigation Division No.1, Aurangabad And Another v. Baban Raibhan Tayde

2016-07-29Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7960 OF 2016 IN FIRST APPEAL NO. 299 OF 2016 Executive Engineer, Minor Irrigation Division No.1, Aurangabad and Another.

..APPLICANTS

VERSUS

Baban Raibhan Tayde ..RESPONDENT WITH CA/10033/2015 IN FA/299/2016, CA/7961/2016 IN FA. 301/2016 CA/10016/2015 IN FA/301/2016, CA/7962 OF 2016 IN FA/304/2016 CA/10038/2015 IN FA/304/2016, CA/7964 OF 2016 IN FA/302/2016 CA/10018/2015 IN FA/302/2016, CA/7965 OF 2016 IN FA/303/2016 CA/10020/2015 IN FA/303/2016, CA/7966 OF 2016 IN FA/305/2016 CA/10040/2015 IN FA/305/2016, CA/7968 OF 2016 IN FA/298/2016 CA/10029/2015 IN FA/298/2016, CA/7969 OF 2016 IN FA/306/2016 CA/10042/2015 IN FA/306/2016, CA/7971 OF 2016 IN FA/300/2016 CA/10031/2015 IN FA/300/2016, CA/10483 OF 2016 IN FAST/22922/2015 CA/10077/2015 IN FAST/22922/2015, CA/10078/2015 IN FAST/22922/2015 CA/10540/2016 IN FAST/23167/2015, CA/10079/2015 IN FAST/23167/2015 CA/10081/2015 IN FAST/23167/2015, CA/10640 OF 2016 IN FA/297/2016 CA/10052/2015 IN FA/297/2016, CA/10656 OF 2016 IN FA/296/2016 CA/10050/2015 IN FA/296/2016 ....

Mr. R.C. Patil, Advocate for applicants.

Mr. A.M. Hajare, Advocate for respondent in respective applications. ....

CORAM : P.R. BORA, J.

DATED : 29th JULY, 2016 ORDER :

Heard, Mr. Patil, learned Counsel for appellants/applicants. The learned Counsel submits that vide order dated 21st August, 2015 1 / 3

passed by this Court, stay was granted for execution of award impugned in the present appeals subject to deposit of the amount under the award within eight weeks from the date of passing of the said order. The learned Counsel further submits that since the appellants/applicants could not deposit the amount within the said period, another application was filed seeking extension of time. Accordingly, time was extended by two weeks to deposit the amount under award. The learned Counsel further submits that the appellants/applicants could not deposit the amount within the said period and consequently the interim relief granted in favour of the appellants/applicants was vacated. 2.

The learned Counsel submits that, now the appellants/applicants are ready to deposit the cheques of the amount of compensation within two weeks from the date of this order. The learned Counsel has therefore prayed for staying execution of the award impugned in the present appeals. The learned Counsel for the original claimants in all these appeals has no objection for permitting the appellants/applicants to deposit the amount of compensation and for passing necessary orders.

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The appellants are permitted to deposit with the Registry of this Court the cheques of the amount of compensation within a period of two weeks from the date of this order and subject to such deposit, execution of the awards impugned in the present appeals shall stand stayed till disposal of the present appeals. Civil Applications stand disposed of.

( P.R. BORA, J. ) SSD 3 / 3